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The chief prosecutor of the international criminal court (ICC) is seeking an arrest warrant for Myanmar’s military leader, Min Aung Hlaing, for crimes against humanity over the deadly crackdowns against the country’s Rohingya minority that drove hundreds of thousands to flee to Bangladesh.
Karim Khan said that “after an extensive, independent and impartial investigation” his office had concluded there were reasonable grounds to believe that the Myanmar junta chief “bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya committed in Myanmar and in part in Bangladesh”.
A panel of three ICC judges must now rule on the prosecutor’s request. More applications for arrest warrants will follow, the prosecutor’s office said.
Tun Khin, a prominent Rohingya activist and the president of the Burmese Rohingya Organisation UK, welcomed the news as “huge step forward in the quest for justice”.
In 2017, more than 700,000 Rohingya were forced to flee their homes in Rakhine state and cross over the border to Bangladesh after an operation by the Myanmar military that UN investigators said was carried out with “genocidal intent”.
Rohingya who fled across the border gave harrowing testimonies of mass rape, murder, and of torched homes. The events shocked the world, and for the past five years the ICC prosecutor’s office has been investigating the waves of violence that occurred during 2016 and 2017. Myanmar has denied accusations of genocide.
At the time of the killings, the western-backed politician Aung San Suu Kyi was Myanmar’s democratically elected de facto leader. She was accused by rights groups of standing by while the army committed massacres. Her supporters claimed, however, that Myanmar’s most famous politician was unable to stand up to the military.
Aung San Suu Kyi later defended her country against allegations of genocide at the UN’s top court. In 2021, she was arrested when the military took power in a coup.
Tun Khin said the news brought “a rare day of celebration for the Rohingya”. He said: “For decades the international community allowed the Myanmar military to violate international law against ethnic and religious minorities, without taking any action. This encouraged the Myanmar military to scale up abuses, including the genocide of the Rohingya. Today we have finally taken another step towards justice and accountability.”
Almost 1 million Rohingya remain in Cox’s Bazar, Bangladesh, in one of the world’s biggest and most densely populated refugee camps, which is plagued by insecurity. Rohingya who live in Myanmar continue to face persecution and violence, not only from the Myanmar military but also, activists say, from the Arakan Army, which is fighting against the military for control of Rakhine state.
Nay San Lwin, a Rohingya political activist, said the prosecutor’s application was long overdue. “We warmly welcome this move,” he said, adding that he hoped an arrest warrant would be issued promptly. “We deserve justice, we want justice, only the international court can deliver justice for us,” he said.
There is no set timeframe for the judge’s decision but it generally takes about three months to rule on issuing an arrest warrant.
Matthew Smith, a co-founder and the chief executive of Fortify Rights, a human rights group, described Min Aung Hlaing as “one of the world’s most notorious criminals”.
“He’s not only responsible for crimes against humanity against Rohingya but also for genocide and war crimes in Myanmar. He orchestrated the coup d’etat in 2021 and the subsequent mass murder, imprisonment and other atrocities against people throughout the country,” he said. “Min Aung Hlaing’s victims span Myanmar’s many ethnic groups and number in the tens of millions. He must be stopped and brought to justice.”
